|
Ward |
Site Name & Address |
Application |
Licensing Reference No. |
|
St James’s West End N/A |
Little Vegas |
New Premises Licence |
21/02686/LIGN |
|
*Cumulative Impact Area |
|||
This will be a virtual meeting. Members of the Public can view the live broadcast using the media links on the Council’s website.
Minutes:
WESTMINSTER CITY COUNCIL LICENSING SUB-COMMITTEE NO. 3
(“The Committee”)
Thursday 12 August 2021
Membership: Councillor Jim Glen (Chairman) Councillor Susie Burbridge and
Councillor Aziz Toki
Officer Support: Legal Advisor: Viviene Walker
Policy Officer: Kerry Simpkin
Committee Officer: Georgina Wills
Presenting Officer: Michelle Steward
Application for a New Premises Licence – Little Vegas 3-5 Wardour Street
London W1D 6PB - 21/02686/LIGN
FULL DECISION
Premises
Little Vegas, 3-5 Wardour Street, London W1D 6PB
Applicant
Chongie Entertainment Limited
Cumulative Impact Area?
West End Cumulative Impact Area
Special Consideration Zone
N/A
Ward
St James’s Ward
Summary of Application
This is an application for a new Gambling Premises Licence under the Gambling Act 2005 (“The Act”). The Premises have had the benefit of a Gambling Act Premises Licence from April 2015 to August 2020. The Premises were previously a Betting Shop (Joe Jennings Bookmakers). The Applicant seeks to operate as an adult gaming centre (AGC) effectively allowing for gaming machines available for use on the premises.
According to the application, this premises plans to operate as an Adult Gaming Centre (AGC). The application has been made under Section 187 of the Gambling Act 2005 (2005 Act).
AGC premises licences allow the holder of the licence to make gaming machines available for use on the premises. Persons operating an AGC must hold a gaming machines general operating licence from the Commission and must seek a premises licence from the licensing authority.
The holder of an adult gaming centre premises licence that was issued prior to the 13th July 2011 is entitled to make available four category B3/B4 gaming machines, or 20% of the total number of gaming machines, whichever, is the greater. An AGC premises licence granted after the 13th July 2011 may make available for use a number of category B gaming machines not exceeding 20% of the total number of gaming machines which are available for use on the premises and any number of category C or D machines.
There are no default operating hours for an AGC and therefore none have been specified in the application.
Representations Received
Summary of issues raised by objectors
· MPS objected as they had concerns the application may not promote the licensing objectives, noting the plan to trade 24 hours a day in a high risk area. MPS were concerned the applicant had not proposed any licence conditions to support the steps offered to manage risk.
· The Licensing Authority raised concerns as to how the premises, if granted a licence, would promote the licensing objectives – in particular with regards to preventing gambling from being a source of crime or disorder, ensuring that gambling is conducted in a fair and open way and protecting children and other vulnerable people from being harmed or exploited by gambling.
Policy Position
Under Policy OBJ1, in order to prevent gambling from being a source of crime and disorder, being associated with crime or disorder, or being used to support crime the Licensing Authority will apply the criteria and take into account the considerations set out in Policy OBJ1.
Under Policy OBJ2, to ensure that gambling is conducted in a fair and open way the Licensing Authority will apply the criteria and take into account the considerations set out in Policy OBJ2.
Under Policy OBJ3, to protect children and other vulnerable people from being harmed or exploited by gambling the Licensing Authority will apply the criteria and take into account the considerations set out in Policy OBJ3.
Under Policy AGC1, applications will be determined subject to the relevant criteria in Policies OBJ1, OBJ2 and OBJ3 and other policies in the Statement of Licensing Policy (SLP).
Under Policy LOC1, applications within a sensitive location must include detailed information as to how the proposals will be reasonable consistent with the gambling objectives and Policies OBJ1, OBJ2 and OBJ3.
DECISION AND REASONS
Ms Michelle Steward, Senior Licensing Officer, presented the report that was before the Sub-Committee. She noted that representations had been received from the Licensing Authority and the Metropolitan Police Service. The Premises are situated within the St James’s Ward and are within the West End Cumulative Impact Area (CIA).
Mr Paddy Whur, solicitor acting on behalf of the applicant, explained he would deal with two main issues – the locational issues and the operator issues. He noted that the ethos of the Gambling Act is that the Sub-Committee should be aiming to permit the application. Mr Whur noted that there had been no neighbour or business representations made against the application. Similarly no ward councillor representations. Further, conditions had been agreed with the MPS.
Mr Whur explained that the Premises previously traded as a gambling premises going back to the 1980s, but certainly since 1996. The Premises flipped in about 2015 to becoming a bookmakers. As such, these premises have been licenced going back to the 1980s and there was no evidence before the Committee that this location was problematic or inappropriate.
In relation to the operator, Mr Whur explained that the operator already has 4 gambling licences with 2 others awaiting. Mr Whur pointed to the track record of Bryan Evans, the compliance officer. The Gambling Commission had signed off the applicant’s proposed policies for the Premises. Mr Whur submitted that the Committee could be satisfied that the applicant sits at the very highest end of responsible operating.
Mr Whur noted that the applicant company had created their head office in the room above the Premises.
In relation to the Social Responsibility and Compliance Policy, Mr Whur pointed in particular to paragraphs 2 and 3 which address the licensing objectives set out in the Gambling Act. Mr Whur submitted that premises such as this one do not feature as issues identified by the Gambling Commission – noting that AGCs do not cause the issues that betting shops do. Critically, AGCs are able to interact and ensure that individuals are not gambling beyond what their means are. He further noted that no under 18s are allowed in.
Mr Whur submitted the Committee could take comfort in the agreed conditions. He explained that the applicant had offered 30 conditions on top of the 3 mandatory conditions. These were all to ensure the licensing objectives were promoted. He noted that no ATM would be in the Premises, which is permitted under the law.
In relation to the additional evidence relating to Pleasure Fairs (Amusement Premises) Byelaw, Mr Whur submitted that this didn’t apply to AGCs. Mr Whur concluded by submitting that there could not be a more suitable site than the Premises.
In response to questions by Members of the Sub-Committee:
(a) The operating licence was applied for over a year ago and granted by the Gambling Commission. The first of the applicant’s premises should open in September in Wood Green;
(b) There will always be a minimum of 2 members of staff at the Premises, supported by at least one SIA door staff between 18:00 hours – 06:00 hours. Mr Whur noted that the most customers likely to be in the Premises would be 6 to 8;
(c) The maximum number of machines in the Premises be in the region of 35;
(d) Following discussions with the MPS and having looked carefully at the location, the applicant had agreed not to have an ATM in the Premises;
(e) There is no interaction or link between the Premises and the licensed premises below which is part of the restaurant adjoining the Premises;
(f) The Premises have a customer area on the first floor as well as the ground floor. Both are covered by CCTV and if there are customers on each floor there would be staff on each floor;
(g) The machines retain the money until there is a secure cash collection which will take place at times when it is secure to do so – the Premises will be closed and the doors will be locked. This will take place at different times as a security measure;
(h) Customers exchange tickets at a machine in the Premises rather than over a desk;
(i) In relation to the Byelaws, Mr Whur requested the Committee to deal with the application with no restriction on the hours as is envisaged by the Gambling Act. He submitted that these Byelaws stand on their own feet and shouldn’t be imposed as part of the licence condition;
(j) The applicant wishes the Premises to operate 24 hours a day. The hours limitation on SIA door staff is because that reflects what was requested by the MPS;
(k) The applicant had not spoken to local hostels however the applicant could do this prior to the Premises opening;
(l) The applicant was willing to accept a condition limiting the maximum number of machines to 45;
(m)Whilst the policies may be generic, the training is bespoke for the location of the Premises;
(n) There are limits on individual machines but no limit on the maximum amount a customer can cash out. All customers on the Premises will be monitored.
PC Bryan Lewis, of the Metropolitan Police Service, stated that the Police objection as based on insufficient conditions. An extensive set of conditions have now been agreed, however the MPS have maintained their objection so that PC Lewis could be present to assist the Committee and he considers it a matter best determined by the Committee.
PC Lewis stated he wasn’t happy with CCTV being monitored on a phone as it is difficult to use – they need a proper monitor which should be in the staff area. PC Lewis stated he would like CCTV on the plans, aside from covert cameras, so that MPS can ensure that all cameras are working properly. In relation to having a door supervisor during the daytime, PC Lewis clarified this was something for the applicant to risk assess themselves.
In response to questions by Members of the Sub-Committee,
(a) This particular location is a hotspot for crime and disorder. However, PC Lewis noted that there are not many problems on AGC premises compared to betting shops;
(b) PC Lewis stated he was satisfied that the Premises would promote the licensing objectives and, in any event, MPS would be monitoring the Premises and would step in if and as needed;
(c) Any CCTV monitor would have to be in a private area so police can look at it without other people present.
Ms Roxsana Haq, of the Licensing Authority, explained the Licensing Authority had maintained their representation because it was an application for a new AGC. Ms Haq referred the Committee to the Licensing Authority’s representation.
Ms Haq stated the location of the Premises is relevant and something to be considered by the Committee members. Ms Haq referred the Committee to the Policy definition of a sensitive location – she said that the local area profile needs to be taken into account. Ms Haq noted the Premises are between two restaurants and has a pub opposite it, which can attract under 18s and vulnerable people. Furthermore, because of the location signs and information would need to be translated.
Ms Haq noted there are some issues with rough sleeping in the area.
Ms Haq referenced Policy AGC1 and that Members must be satisfied that the requirements of it have been met.
She noted that the operator would be required to comply with the Pleasure Fairs (Amusement Premises) Byelaws. She stated that these had been approved under a different statutory regime – the interaction between the byelaws and the licence is similar to the interaction between the planning and licensing regimes.
In response to questions by Members of the Sub-Committee,
(a) The Licensing Authority consider the location of the Premises as a sensitive location as defined in policy;
(b) The area is a hotspot, noting hostels and schools. However, the measures proposed by the applicant do go some way to mitigating those concerns.
Conclusion
The Sub-Committee carefully considered the objections received from the Licensing Authority and the Metropolitan Police Service.
The Sub-Committee in its determination of the matter considered the agenda papers and the additional information submitted by the Applicant in the Additional Information Pack which included a Case Outline submitted prior to the hearing by the Applicant’s legal representative, Mr Paddy Whur.
The Applicant also offered a raft of conditions, including the conditions agreed with the Metropolitan Police Service as set out on pages 147-149 of the Agenda Pack.
The Sub-Committee placed particular reliance on the fact that the Applicant had agreed to a number of additional conditions and informatives during the hearing.
The Sub-Committee considered the evidence before it and whether the three licensing objectives are reasonably consistent with the application so as to permit the use of the Premises for Gambling. Section 1 of the Act sets out the three objectives as follows:
(a) Preventing gambling from being a source of crime and disorder, being associated with crime and disorder or being used to support crime.
(b) Ensuring that gambling is conducted in a fair and open way.
(c) Protecting children and other vulnerable persons from being harmed or exploited by gambling.
The Sub-Committee decided that the Applicant had provided valid reasons as to why the application should be granted given the extra conditions to the licence agreed by the Applicant with the relevant authorities and the Licensing Sub-Committee. The Sub-Committee was satisfied that the test as set out in the provisions of the Act had been met.
The Sub-Committee applied the principles it should follow under section 153 of the Act and the Gambling Commission’s Licence Conditions and Codes of Practices as well as the City Council’s Statement of Principles for Gambling Policy when considering the application. The application was duly considered on its individual merits.
Having carefully considered the committee papers and the submissions made by the parties, both orally and in writing, the Sub-Committee decided, after taking into account all the individual circumstances of this case and the requirements of section 153 of the Act which includes consideration of the three licensing objectives:
1. To grant permission for an Adult Gaming Centre Premises Licence for the following hours: Monday to Sunday 06:00 to 06:00 hours
2. To grant permission for the Hours the Premises are open to the Public: Monday to Sunday 06:00 to 06:00 hours
3. The Licence is subject to any relevant mandatory conditions.
4. The Licence is also subject to the following additional conditions and Informatives imposed by the Sub-Committee which are considered appropriate and proportionate to comply with Section 153 of the Act.
It was the Sub-Committee’s view that the Conditions imposed on the Licence
together with the various established policies and procedures to be
implemented by the Applicant, as set out in the application, and supporting
documentation, provided to the Sub-Committee in advance of the hearing,
which included the promotion of responsible gambling and its day to day
management of the running of the Premises would mitigate the concerns
raised by the Licensing Authority and the Metropolitan Police Service, in
addition to the high level of regulation the Premises are already subjected
to by the Gambling Commission.
Conditions imposed by the Committee after a hearing (with the agreement of
the Applicant)
5. There shall be a minimum of one SIA licensed door supervisor from 18:00 to 06:00 hours daily, and the licence holder shall risk assess the requirement for a SIA door supervisor at all other times as required. The licensed door supervisors shall predominantly manage the door to the premises so as to monitor customers entering and exiting the premises and display their licence at all times in a yellow hi viz arm band.
6. The licence holder will contact the local police and local councillors quarterly to discuss the operation of the premises and any issues.
7. A direct telephone number for the manager at the premises shall be publicly available at all times the premises are open. This telephone number is to be made available to residents and businesses in the vicinity.
8. The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Westminster Police Licensing Team.
All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises and will include the gaming area, office, toilet entrance, any seating and external area immediately outside the premises entrance. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Viewing of recordings shall be made available immediately upon the request of Police or authorised officer throughout the entire 31-day period.
9. A member of senior management from the company who is conversant with the operation of the CCTV system shall be available to provide the police or authorised council officers with copies of recent CCTV images or data within 24 hours of a request.
10. The entry and egress doors at the front of the premises shall be kept closed at all times except for the immediate entry and exit of patrons and staff.
11. The premises shall display notices near the entrance of the venue stating that CCTV is in operation.
12. A ‘spotter monitor’ shall be placed inside the premises near the front door showing CCTV images of customers entering, exiting and whilst on the premises.
13. A CCTV monitor shall be placed inside the staff room so that staff can view live CCTV images of customers within the premises as well as those entering and exiting.
14. The Licence holder shall maintain a bound and paginated ‘Challenge 25 Refusals’ register at the premises. The register shall be produced to the Police or Licensing Authority forthwith on request.
15. Prominent signage and notices advertising the Challenge 25 will be displayed showing the operation of such policy.
16. Third party testing on age restricted sales systems purchasing shall take place at least twice a year and the results shall be provided to the Licensing Authority upon request.
17. A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram.
18. A magnetic locking device, commonly referred to as a Maglock will be installed and maintained on the main entrance/exit to the premises which will be operable by staff.
19. Staff will receive a notification when the front door opens.
20. There shall be no less than 2 staff members, excluding the SIA door supervisor present at all times the premises are open to the public.
21. The Licence holder shall implement a policy of banning any customers who engage in crime or disorder within or outside the premises.
22. The licence holder will refuse entry to customers who appear to be under the influence of alcohol or drugs.
23. At least one member of staff working at the premises shall have a minimum of 6 months experience working in licensed gambling premises.
24. The licence holder shall ensure that all seating within the premises is either secured to the floor or are weighted to prevent lifting.
25. The licence holder shall install and maintain an intruder alarm on the premises.
26. The premises shall install and maintain fixed panic buttons and in addition portable panic buttons will be worn by staff.
27. Gaming machines shall not be emptied whilst customers are present on the premises and the doors are unlocked.
28. The licence holder will ensure that customer toilets are checked every hour for evidence of drug taking. Toilet checks are to be documented stating the time and member of staff who made the checks. Toilets will remain locked at all times with access being provided by staff.
29. All public signage/documentation relating to age restrictions, gambling advice and gambling support information (e.g., GamCare or similar support service) is displayed or provided on the premises in written English and Chinese (Simplified and Traditional).
30. All notices regarding gambling advice or support information must be translated into both simplified and traditional Chinese.
31. The licence holder shall provide training on the specific local risks to the licensing objectives that have been identified for these premises as part of the staff induction training programme, periodically provide refresher training to all of its staff working at these premises on the specific local risks to the licensing objectives. Participation in this training shall be formally recorded on each member of staffs training records which, if requested will be presented to the Licensing Authority as soon as practicable.
32. All front of house staff will receive Conflict Management Training, provided by instructors qualified to a formerly recognised national standard on dealing with conflict.
33. New and seasonal staff must attend induction training and receive refresher training every six months.
34. Staff will also undergo drug and alcohol awareness training to include Homeless and Street Drinking.
35. The licence holder shall take all reasonable steps to prevent street drinking of alcohol directly outside the premises and to ban from the premises those who do so.
36. Customers shall not be permitted to leave bags or other belongings at the premises.
37. The licence holder shall place a notice visible from the exterior of the premises stating that customers drinking alcohol outside the premises will not be permitted to enter the premises and those who attempt do so will be banned from the premises.
38. An incident log shall be kept at the premises and made available on request to an authorised officer of the City Council or the Police. It must be completed within 24 hours of the incident and will record the following:
(a) all crimes reported to the venue
(b) all ejections of patrons
(c) any complaints received concerning crime and disorder
(d) any incidents of disorder
(e) all seizures of drugs or offensive weapons
(f) any faults in the CCTV system
(g) any visit by a relevant authority or emergency service.
39. There shall be no cash point or ATM facilities on the premises.
40. The licence holder will contact the local homeless hostels/shelters and offer to provide information on problem gambling support services and how their residents can self-exclude from the Little Vegas premises.
INFORMATIVES:
41. The Applicant is reminded that they should comply with the Council’s Byelaws, namely, the operation of the premises as an Adult Gaming Centre and the making of gaming machines available for use will be subject to Westminster City Council’s Pleasure Fairs (Amusement Premises) Byelaws made in pursuance of Section 75 of the Public Health Act 1961, as amended by Section 22 of the Local Government (Miscellaneous Provisions) Act 1976, which will have the effect of reducing the opening hours of the business from those permitted under the Gambling Act 2005 and so granted by this licence.
42. The Applicant’s representative gave an Undertaking to submit an amended plan of the premises to the Licensing Authority within 21 days of the grant of the Licence. The said plan must show the following:
· That the screen is removed from the front of the premises.
· That the ATM is removed.
· CCTV cameras except covert cameras.
· Location of any cashing out machine.
· A room (private area) where the Police can have access to CCTV recordings that have been made by the premises CCTV system.
This is the Full Decision of the Licensing Sub Committee which takes effect forthwith.
The Licensing Sub-Committee
12 August 2021
Supporting documents: